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HomeMy WebLinkAbout2019 08-26 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 26, 2019 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:45 p.m. ROLL CAT.T. Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director Doran Cote, Community Development Director Meg Beekman, Business and Workforce Development Coordinator Brett Angell, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for Informal Open Forum. Harlan Daudt, 6000 York Avenue, asked who wrote the Comprehensive Plan. Mr. Boganey stated the Comprehensive Plan was drafted by City Staff and consultants, with input from the community. Mr. Daudt stated he is concerned that the City wants to build 2,500 apartments on the Brookdale Ford site. He asked whether the housing would be subsidized. He added the 2040 Comprehensive Plan says that a minimum of 75% of the City is designated for high-density residential. Mr. Boganey stated that is not a correct reading of the Comprehensive Plan. He added he would welcome Mr. Daudt to come in and sit down with him to go through the Comprehensive Plan, to get a better understanding of some of its components. Brendan and Tara McCarthy, 6654 West River Road, expressed their opposition to the Highway 252 reconstruction proposal. Tara McCarthy stated their son Jason was killed at the intersection of Highway 252 and 73`d Avenue when his car was struck by a drunk driver while waiting to take a left turn. She added Jason was 16 years old, he was a good friend to many people, and he was on the Champlin Park High School Honor Roll. She noted Jason was taken from them too soon. Brendan McCarthy stated the County's proposal for Highway 252 would increase safety risks as there will be multiple exits within 1 mile of major roadways, which is against State guidelines. 08/26/19 -1- Mr. McCarthy stated the County's proposal would move the entrance to Highway 252 back, closer to other major roadways and will increase traffic speeds but remove traffic signals. Mr. McCarthy stated he and his neighbors are united in their requests to remove left -turn lanes and signals and consider roundabouts; install exit lanes and move the highway entrance south by at least a mile. He added these changes would increase driver safety and decrease the overall cost of the project. He noted access to West River Road should remain closed Tara McCarthy stated she and her husband do not want any other families to go through what they have had to endure. She added the proposed plan would destroy beautiful riverside properties, which are an asset to the community. She noted the Mississippi River is an important national waterway, right in Brooklyn Center, and adding a roadway so close to the river would be detrimental. The McCarthys urged the City Council to help protect everyone who travels on Highway 252 by voting against the County's dangerous and destructive reconstruction plan. Mr. McCarthy requested the opportunity to give a presentation at an upcoming City Council Meeting. Mayor Elliott agreed that could be a Presentation Agenda item. Mayor Elliott extended the Open Forum portion of the meeting to accommodate a large number of residents wishing to address the City Council. Stephen Cooper, 6634 West River Road, expressed his agreement with the McCarthys. He stated Highway 252 is a death trap, both southbound and northbound, and does not meet Federal guidelines for safe roads. He added the three major highways merge at this location, all with northbound traffic exiting for access to Highway 252. He noted, at this location, over half of all the cars on the three major roadways are exiting onto Highway 252. Mr. Cooper stated the proposed Highway 694 interchange onto northbound 252 at 66th Avenue N is very close to the Mississippi River, which is an important and beautiful amenity. He added the County's plan is incomplete and does not incorporate busing plans or plans to mitigate proximity to the river. He urged the City Council to vote against the plan. Bill Newman, 6712 West River Road, expressed his agreement with his neighbor's comments. He added there is a greater number of potential collisions where three highways come together, based on timing and velocity. He noted the proposed interchange at 66 is unworkable and unsafe and will make a dangerous situation even more deadly. John Solomon, 6819 Emerson Avenue, stated he and his neighbors on the 6800 block of Emerson Avenue N. are extremely concerned about the speed of traffic using Emerson Avenue to get to 70th Avenue and gain access Highway 252. He added there are many kids on the block that ride bikes, and parking is allowed on both sides of the street. He requested a traffic study to determine whether the amount of traffic has increased and to consider enforcement. 08/26/19 -2- Mr. Solomon stated he there is a lot of trash across 69th Avenue, and he always brings a bag to pick up trash when he goes for a walk. He suggested the City might put trash bins in that location, maybe as a joint project with the School District. Mr. Solomon stated the School Board would like to schedule an opportunity to get together with the City Council. He added the School Board is excited about the great things that are happening in Brooklyn Center and would like to be informed and involved. Councilmember Ryan moved, and Councilmember Graves seconded to close the Informal Open Forum at 7:13 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read a poem she wrote after her recent trip to Senegal and The Gambia in Africa. She stated many events had been planned locally, nationally and internationally marking 400 years since the first Africans arrived in Jamestown. She added she recognizes that race is a social construct, but it is very real in our society. She noted she supports a focus on culture that allows all citizens to belong and make decisions. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:15 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director Doran Cote Community Development Director Meg Beekman, Business and Workforce Development Coordinator Brett Angell, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Butler moved, and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to table Item 6c, Resolution Approving the Local Water Supply Plan, and refer it to an upcoming Work Session, and the following consent items were approved: 6a. APPROVAL OF MINUTES July 29, 2019, City Council/Financial Commission Work Session 08/26/19 -3- 2. August 12, 2019 Study Session 3. August 12, 2019, Regular Session 4. August 12, 2019, Work Session 6b. LICENSES MECHANICAL Ace Heating & Air Conditioning, Inc. Air Comfort Heating & A/C G & H Heating & Air Inc. MN Plumbing & Home Services, Inc. RENTAL INITIAL (TYPE IV— one-year license) 5316 Colfax Avenue N RENEWAL (TYPE IV— one-year license) 532171" Circle RENEWAL (TYPE III — one-year license) 6907 Logan Avenue N 6075 Highway 95 NW Princeton, MN 55371 19170 Jasper Street NW Anoka, MN 55303 5511 Carlson Road Shoreview, MN 55126 12040 Riverwood Circle Burnsville MN 55337 Home SFR Borrowers/HavenBrook Homes Pramod Khakural Paul Gathumbi RENEWAL (TYPE II — two-year license) 507 691h Avenue Mary Tjosvold/Outreach Six Acres 7131 Indiana Avenue N Jeremy Paskewich 4900 Zenith Avenue I1-13 Property Illinois LP RENEWAL (TYPE I — three-year license) 5401 69th Avenue N - Maranatha Terrace Center Park Apartments 4204 Lakebreeze Avenue N Todd Bertelson / CPP3 LLC (met mitigation plan) 6601 Unity Avenue N Douglas Wahl / Cel Monton 6c. RESOLUTION APPROVING THE LOCAL WATER SUPPLY PLAN (This item was tabled and referred to a future Work Session.) 6d. RESOLUTION NO. 2019-114 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2021-05, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS (BASS LAKE ROAD TO INTERSTATE 94) Motion passed unanimously. 08/26/19 -4- 7. PRESENTATIONS/PROCLAMATIONS/RE COGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. ORDINANCE NO. 2019-09 ADOPTING A ZONING ORDINANCE AMENDMENT REGARDING THE CC CENTRAL COMMERCE OVERLAY DISTRICT — PLANNING COMMISSION APPLICATION NO. 2019-14 (FIRST READING) Community Development Director Meg Beekman reviewed a Zoning amendment related to the Central Commerce Overlay District (CCOD) for the City. The purpose of the amendment is to clarify permitted and prohibited uses within the district, which is bounded by major freeways and encompasses the Opportunity Site, Shingle Creek Crossing, the Sears Site, and many commercial properties. Ms. Beekman stated a moratorium on property development at the Sears site is set to expire, and planning work is not complete. City Staff recommends several amendments to the CCOD to remove the potential of least desirable and businesses that might compete with existing uses. The amendments would also align the District closer with the 2040 Comprehensive Plan. Ms. Beekman stated the CCOD applies an extra level of regulations and criteria for businesses that are auto -oriented, such as auto repair, gas stations, truck/trailer rental establishments, and indoor storage establishments. There are also greater restrictions on outdoor storage and display. A new use is that it would allow for car washes as a standalone operation. The term "transient lodging" would be amended to "hospitality accommodations" to be consistent with language in the City Code. Ms. Beekman stated conflicting language related to secondhand merchandise would be corrected. She added "antiques and secondhand merchandise" is currently a permitted use, but "pawn shops and secondhand goods dealers" is a prohibited use. Ms. Beekman stated multi -family residential dwellings would be a permitted use as long as they are consistent with future land use designation of Transit -Oriented Development (TOD) in the 2040 Comprehensive Plan. She added there are currently three residential apartment complexes and one senior living facility in this District. She noted a minimum of 75% of the land within the TOD is planned for high-density residential. Councilmember Ryan stated, for clarification, the plan going forward on the Opportunity Site would be to allow for substantial multi -family residential units, the overwhelming number of houses would remain single-family homes. He added the TOD District had been designated by 08/26/19 -5- the Metropolitan Council for high-density residential areas near transit routes to provide access to public transportation and reduce traffic congestion. Ms. Beekman agreed, adding higher density residential and commercial uses along transit lines is a way to leverage investment in transit. Ms. Beekman stated the Planning Commission reviewed this amendment at their August 15, 2019 meeting, at which there was one resident who spoke in opposition. She added the Planning Commission approved the proposed amendments, and forwarded for recommendation of City Council approval by a 5-1 vote. She noted this would be the first reading of the Ordinance amending Chapter 35 of the City Code of Ordinances and set the second reading and public hearing for September 23, 2019. Mayor Elliott asked whether approval would prohibit some existing uses and add uses that are not currently permitted. Ms. Beekman stated this amendment does not affect previous approvals or Planned Unit Developments (PUD). Mayor Elliott asked why this amendment is necessary now, and whether this discussion should wait until after the re -zoning process is complete. Ms. Beekman stated it seems reasonable to address this now as it brings the current zoning into compliance with the 2040 Comprehensive Plan. Mayor Elliott stated the zoning changes should be completed first. He recommended moving forward with the amendment with the exclusion of the section related to a high-density related use. Councilmember Butler requested clarification regarding the exclusion of pawnshops. City Attorney Troy Gilchrist stated deleting "pawn shops" from the existing language related to permitted uses clarifies that they are prohibited. Councilmember Lawrence -Anderson stated, concerning "secondhand goods," she believes the community needs a thrift store in this area. She expressed opposition to prohibiting secondhand goods stores. Ms. Beekman stated the amendment "clarifies the definition of "secondhand goods" as it is currently both a permitted and prohibited use. She added the amendment refers to secondhand goods stores in the CCOD only, and not the entire City. Mayor Elliott stated he does not support the amendment related to high-density residential use. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt ORDINANCE NO. 2019-09 Adopting a Zoning Ordinance Amendment Regarding the CC Central Commerce Overlay District — Planning Commission Application No. 2019-14 (First Reading). Mayor Elliott stated this amendment should be forwarded to the re -zoning Task Force to be addressed as part of their review process. 08/26/19 -6- Councilmember Ryan stated this is a temporary ordinance amendment to ensure that new uses will not emerge in the CCOD during the re -zoning process. He added this is not an issue of how many housing units will be allowed. He noted he does not believe it would be necessary if the Development Director did not have reason to recommend this action. Mayor Elliott stated the process should be allowed to develop through the proper channels, which in this case is the Zoning Task Force. Mr. Gilchrist stated this is a matter of process. He added a motion would be required to remove the amendment. He noted, however, a motion remains on the floor. Councilmember Graves asked whether there are land use designations in this area that permit multi -family dwellings. Ms. Beekman stated the TOD District identifies multi -family housing as permitted land use, comprising a significant portion of the District. Ms. Beekman stated City Staff's intent in introducing this amendment was to limit the potential development of the Sears site. Councilmember Lawrence -Anderson stated she supports the first reading as this issue will be reviewed by the City Council again in 30 days. Mr. Boganey stated there is currently multi -family residential housing in the CCOD, and the zoning amendment would remove their non -conforming status. Ms. Beekman agreed. Councilmember Graves stated she supports removing the multi -family residential use from this action. Mayor Elliott moved, and Councilmember Butler seconded to adopt ORDINANCE NO. 2019-09 Adopting a Zoning Ordinance Amendment Regarding the CC Central Commerce Overlay District — Planning Commission Application No. 2019-14 (First Reading) with the following change: -Removal of "multi -family residential use" from the CC Central Commerce Overlay District. Substitute motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS Mayor Elliott requested the addition of Agenda Item 1 Oa - Sister City Commissioner. Councilmember Graves moved, and Councilmember Butler seconded to approve the addition of Agenda Item 10a. Sister City Commissioner. Motion passed unanimously. 08/26/19 -7- 10a. SISTER CITY COMMISSIONER Mayor Elliott introduced Fatu Masovo, a resident of Brooklyn Center, and a newly appointed member of the Sister City Commission. He added Ms. Masovo is a long-time resident of Brooklyn Center and has spent her career working with non -profits. Ms. Masovo thanked the City Council for their consideration. She added she looks forward to serving on the Sister City Commission. 11. COUNCIL REPORT Mayor Elliott and Councilmembers Butler, Graves and Ryan agreed to forego their Council reports in the interests of time. Councilmember Lawrence -Anderson stated a community event is planned to replace National Night Out which was canceled due to bad weather. She added the community event is planned for September 21, 2019, from 12:00-1:30 p.m. at Centennial Park, with the Brooklyn Center Community Band playing in the bandshell. She noted burgers and hot dogs would be served. Councilmember Lawrence -Anderson stated an open discussion regarding the Opportunity Site is scheduled for August 29, 2019, at 6:00 p.m. at the Community Center. She added the City Council, as well as the Housing and Planning Commissions, are invited, and the public is welcome to attend. 12. ADJOURNMENT Councilmember Ryan moved, and Councilmember Graves seconded adjournment of the City Council meeting at 8:24 p.m. Motion passed unanimously. 08/26/19 -8- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on August 26, 2019. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its September 9, 2019, Regular Session. bkkkls� - Barbara Suciu, City Clerk 08/26/19 -9- Mike Elliott, Mayor